BASHIR MOHAMMED GULAM MOHAMMAD SHAIKH Vs. DHRANGANDHRA MUNICIPALITY

JUDGEMENT

(1.) The present appeal is directed against the order dated 09.09.2014 passed by learned Single Judge in Special Civil Application No.11059 of 2014 read with another order dated 19.02.2015 passed by the learned Single Judge below Civil Application No.1557 of 2015 with Misc. Civil Application No.415 of 2015, whereby the learned Single Judge observed that as the directions are already given in the earlier proceedings, an appropriate action may be taken but no further direction deserves to be issued and even in the review it was observed that no further order deserves to be passed.

(2.) We have heard Mrs. Pahwa for the appellant and Mr. Kapadia for Mr. Ashish Shah for the respondent Municipality.

(3.) Learned counsel appearing for both the sides concede to the position that even revised gratuity as per 5th Pay Commission Pay-Scale is already paid by the Municipality to the concerned employee- petitioner. However, the grievance now survives is limited to the extent of liability to pay interest at the rate of 10% compounded per annum. As per the appellant original petitioner, since the full payment as per the settlement dated 16.02.2012 was not made, the right to recover full interest at the rate of 10% per annum accrued to the original petitioner and accordingly the competent authority has already issued recovery certificate and there is no challenge by the Municipality to the said recovery certificate and therefore the learned Single Judge ought to have directed the Municipality to pay the amount to the original petitioner as per the recovery certificate.